Around October 2010, the Defendant made the transfer process from G to G University to the agreement with H, which was known to the general public, false statement to the effect that “(G) was introduced to students.”

Accordingly, H, around November 2010, notified the victim I and the victim J of the aforementioned transfer method that he/she had taken his/her own lectures at the Kananyang University, stating that “(g) entered into a business agreement with the Gyeonggi University, Tol University, etc. to allow them to be transferred to a non-test screening process, and that “in order to transfer to another position, four million won should be paid under the name of the enrollment fee, etc.”

However, there was no fact that the Defendant had been working as the president with the Gyeonggi University and Tol University, and even if the Defendant received money from the victims, the Defendant did not have the intent or ability to transfer the victims to the said school in a normal manner.

As such, the Defendant, by deceiving the victims through H, received 4 million won from the victim I to the national bank account in the name of G on November 26, 2010, and 4 million won from the victim J on November 30, 2010, respectively. < Amended by Presidential Decree No. 22490, Nov. 30, 2010>

2. Determination

A. The Defendant denied the instant facts charged on the ground that there was no deception by the victims due to false facts.

B. The following circumstances found by the evidence duly adopted and examined in this Court: (i) at the time of the Defendant’s offering of a recruitment guide to H on October 201, 201, the Defendant entered into a business agreement for the purpose of establishing a department related to the outsourcing with the Korea Development Bank, the Korea Development Bank, and the Gyeonggi Development Bank; (ii) however, the Defendant was detained on a separate basis on June 201.